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Justin M. Swartz Esq.

Justin M. Swartz Esq.

Partner
Location:
New York, New York
Phone:
212-245-1000 (New York Office)
312-924-4888 (Chicago Office)
415-638-8800 (San Francisco Office)
202-847-4400 (Washington DC Office)
Fax:
646-509-2057
Email:

Justin M. Swartz, a partner at Outten & Golden LLP and Co-Chair of its Class Action Practice Group, represents employees in class action wage/hour and discrimination cases, as well as individual discrimination cases and other employment matters. He is also Co-Chair of the firm’s Public Interest Committee.

Over the past ten years, Mr. Swartz has been lead counsel or co-lead counsel in dozens of unpaid wage theft class and collective actions on behalf of workers in a wide variety of industries.  He has represented thousands of workers in unpaid overtime lawsuits including assistant store managers at drugstores, restaurants (including Chipotle), and retail clothing chains, furinture salespeople, unpaid interns, “volunteers” who work for private companies (including Major League Baseball), dishwasher repairpeople, exterminators, delivery drivers, security guards, financial services employees, bank assistant branch managers, grocery store assistant managers and hourly workers, pet groomers, entry-level accounting employees, and adult entertainers, among others.  He is currently litigating cases challenging the practice of classifying workers as independent contractors and failing to pay overtime compensation.  He has also represented thousands of restaurant workers in overtime, minimum wage, and tip theft cases, including cases against TGI Friday’s and Applebees, as well as restaurants owned by Mario Batali, Bobby Flay, and other celebrity chefs.  Mr. Swartz and Outten & Golden LLP's Public Interest Committee have represented hundreds of low-wage workers in minimum wage and unpaid overtime cases, including construction workers, farm workers, and low-wage cleaning workers in their claims that large contractors failed to pay them overtime compensation for their work cleaning buildings around Ground Zero in 2001.

He has also represented workers in employment discrimination claims against companies that have refused to hire minorities with criminal records, systemic gender discrimination claims against a major utility company; and several individual race, gender identity, sexual orientation, and national origin discrimination cases.  He has represented hundreds of female and African American stock brokers in nationwide discrimination class action lawsuits against the country’s leading brokerage firms, including Merrill Lynch, Bank of America, Goldman Sachs, and Smith Barney.

Mr. Swartz is active in bar associations including the American Bar Association Section of Labor and Employment Law where he is Co-Chair of the Section’s CLE/Institutes and Meetings Committee, Co-Chair of the Committee on Equal Employment Opportunity Law, and is a former Co-Chair of the Ethics and Professional Responsibility Committee.

Mr. Swartz frequently works with non-profit organizations on public interest matters including successfully representing a formerly incarcerated security guard in a licensing hearing in conjunction with MFY Legal Services and representing three low-wage immigrant women in sexual harassment, assault and battery, and overtime claims as co-counsel with the ACLU Women's Rights Project. He has co-counseled with, and performed pro bono services for, Make the Road New York, The Legal Aid Society, South Brooklyn Legal Services, Manhattan Legal Services, the New York Civil Liberties Union, Legal Momentum, NYLAG, the Sylvia Rivera Law Project, and MFY Legal Services as a volunteer attorney at its legal clinics. Mr. Swartz is also part of the Lambda Legal Cooperating Attorney Network. While living in Chicago, he volunteered at First Defense Legal Aid, providing emergency representation for recent arrestees and documenting police misconduct.

Mr. Swartz joined Outten & Golden LLP in December 2003 after representing workers as an associate at Goodman & Zuchlewski, LLP, in New York and Stowell & Friedman, Ltd., in Chicago.

He graduated from DePaul University School of Law with honors in 1998.

A member of the bars of New York and Illinois, Mr. Swartz is admitted to practice in the District Courts for the Southern, Eastern, and Western Districts of New York, and the District Court for the Northern District of Illinois.

Areas of Practice

  • Labor & Employment Law - Plaintiff

Bar Admissions

  • New York, 2002

Education

  • DePaul University College of Law, Chicago, Illinois - 1998
    • Honors: With Honors
  • University of Richmond
    • B.S. - 1994

Classes/Seminars

  • Speaker, View from the Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 23rd National Forum on Wage & Hour Claims and Class Actions, Miami, FL, 2015 - Present
  • Faculty, Wage-Hour Actions, Eighteenth Annual NYU Workshop on Employment Law for Federal Judges, NYU Labor & Employment Law, Institute of Judicial Administration, NYU University School of Law, New York, NY, 2015 - Present
  • Moderator, Vulnerable Workers Under the Microscope: Developments and Prospects, National Conference on Equal Employment Opportunity Law, ABA Section of Labor & Employment, Miami Beach, 2015 - Present
  • Speaker, Views From The Plaintiff's Bar, ACI's 25th Wage & Hour Conference, San Francisco, CA, 2015 - Present
  • Speaker, Interns and Volunteers as Employees?, NYU 68th Annual Conference on Labor, New York, NY, 2015 - Present
  • Panelist, Displaying Professionalism When Clients Allege Wrongdoing and Malpractice, ABA Section of Labor & Employment Law, 9th Annual Labor & Employment Law Conference, Philadelphia, PA, 2015 - Present
  • Speaker, Current Issues in Settlement of FLSA Cases, New York City Bar Association, New York, NY, 2015 - Present
  • Speaker, View from the Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 26th National Forum on Wage & Hour Claims and Class Actions, Miami, FL, 2015 - Present
  • Panelist, Views From The Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 20th Wage & Hour Claims and Class Actions Conference, Miami, FL, 2014 - Present
  • Facilitator, A Side Bar With the Judges on Rule 30(b)(6): Use, Abuse, and Process, National Conference on Equal Employment Opportunity Law, Rancho Mirage, CA, 2014 - Present
  • Panelist, Views From The Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 21st Wage & Hour Claims and Class Actions Conference, New York, NY, 2014 - Present
  • Panelist, FLSA Mediation Issues, JAMS Employment Law Practice Group Conference, New York, NY, 2014 - Present
  • Speaker, Defeating and Dealing with Arbitration Agreements in Fair Labor Standards Act (FLSA) Cases, American Association for Justice, Employment Rights Section and Wage & Hour Litigation Group, Baltimore, MD, 2014 - Present
  • Speaker, Keeping the Heat On Employers in FLSA Cases, NELA 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change, Boston, MA, 2014 - Present
  • Speaker, View from the Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 21st Wage & Hour Claims and Class Actions Conference, New York, NY, 2014 - Present
  • Moderator, Arbitration and Alternatives, Title VII of the Civil Rights Act After 50 Years, NYU 67th Annual Conference on Labor, New York University, New York, NY, 2014 - Present
  • Speaker, View from the Plaintiffs' Bar: Adapting Your Defense Strategies to New and Innovative Techniques and Tactics, American Conference Institute's 22nd National Forum on Wage & Hour Claims and Class Actions, Los Angeles, CA, 2014 - Present
  • Moderator, Raising the Level of Ethics and Professionalism in the Labor and Employment Bar, ABA Section of Labor & Employment Law, 8th Annual Labor & Employment Conference, Los Angeles, CA, 2014 - Present
  • Panelist, Plaintiff's Perspective on Wage and Hour Litigation, How to Handle a Wage and Hour Case, New York County Lawyers' Association, New York, NY, 2013 - Present
  • Speaker, Attorney's Fees and Settlement of FLSA Actions, Bridgeport Continuing Legal Education, 2013 - Present
  • Speaker, Wage & Hour Claims and Class Actions, ACI's 18th National Forum, New York, NY, 2013 - Present
  • Panelist, Class and Collective Action Certification and Related Discovery, Managing Wage & Hour Risks 2013, Practising Law Institute (PLI), New York, NY, 2013 - Present
  • Panelist, Attorney's Fees and Settlement of FLSA and Wage & Hour Actions, FLSA/Wage & Hour 2013 Litigation & Management, New York, NY, 2013 - Present
  • Panelist, Settling Wage-Hour Litigation (including Rule 68 Offers after Genesis Healthcare v. Symczyk), Litigation and Settlement of FLSA Claims, NYU Labor & Employment Law, NYU 66th Annual Conference on Labor, New York, 2013 - Present
  • Faculty, Wage and Hour Practice Today: Policies and Litigation Strategies after Comcast, Genesis, and Espenschied, American Law Institute CLE audio/webcast, 2013 - Present
  • Panelist, Talk to Me: Communications with Potential Class Members Before and After Complaint Filing, 7th Annual ABA Section of Labor and Employment Law Conference (New Orleans, LA), 2013 - Present
  • Speaker, Federal Court is Where It's At, and How to Keep It There, National Farmworker Law Conference, Washington, D.C., November 20, 2008 - November 22, 2008
  • Speaker, Critical Ethical Concerns in the Wage and Hour Case, American Conference Institute's 6th Annual Advanced Forum on Wage and Hour Claims and Class Actions, San Francisco, CA, October 28, 2008 - October 29, 2008
  • Speaker, Death of an Exempt Salesman: Compensation of Commission Workers, National Employment Lawyers Association, New York Chapter - Fall Conference, NYC, October 24, 2008
  • Speaker, Wage and Hour Class Actions under the New York Wage and Hour Law: What is Coming Down the Pike?, Association of the Bar of the City of New York, NYC, September 17, 2008
  • Speaker, Ethics Fundamentals for Labor and Employment Lawyers, ABA Section of Labor and Employment Law Annual CLE Conference, Denver, CO, September 11, 2008
  • Speaker, Discovery in Employment Cases, New York County Lawyers Association, NYC, June 16, 2008
  • Speaker, Employment Law Ethics, New York Legal Assistance Group, NYC, May 23, 2008
  • Speaker, Overtime, Minimum Wage, Unpaid Commissions: Individual and Class Claims Under New York Law, National Employment Lawyers Association, New York Chapter - Representing Employees Under New York State Law, Hunter, NY, May 16, 2008
  • Speaker, The View from the Plaintiffs' Bar: Current and Future Targets of Wage & Hour Claims, American Conference Institute's 6th National Forum on Expert Strategies for Pursuing and Defending Wage & Hour Claims and Class, Miami, FL, April 30, 2008
  • Speaker, Ethics for the Employment Lawyer, National Conference on Equal Opportunity Law; ABA Section of Labor and Employment Law, Equal Employment Opportunity Committee, Tucson, AZ, March 29, 2008
  • Speaker, Employee Privacy Rights, New York State Bar Association, NYC, February 1, 2008
  • Speaker, Employment Law Essentials: What New York Practitioners Need to Know About Leaves of Absence, Sexual Orientation Discrimination, Overtime, Retaliation & More ..., Association of the Bar of the City of New York, NYC, November 30, 2007
  • Speaker, Collective Actions Under the Fair Labor Standards Act, Community Legal Resource Network of CUNY School of Law and the National Lawyers Guild, NYC, November 14, 2007
  • Speaker, Employment Discrimination Law and its Application to Common Workplace Issues - Title VII, ADEA, ADA, and Harassment, ABA Section of Labor and Employment Law Annual CLE Conference, Philadelphia, PA, November 8, 2007
  • Speaker, Avoiding Procedural Pitfalls, National Employment Lawyers Association Fall Seminar - Representing Workers in Individual & Collective Actions under the FLSA, New Orleans, L, October 19, 2007 - October 20, 2007
  • Speaker, Wage and Hour Issues, Practicing Law Institute - 36th Annual Institute on Employment Law, NYC, October 12, 2007
  • Speaker, Ex Parte Contact with Class Members, Putative Class Members, and Members of an EEOC Enforcement Action, ABA Annual Meeting - Labor and Employment Law Section, NYC, August 11, 2007
  • Speaker, Gender Stereotypes: What Constitutes Evidence Of Discrimination - with a focus on cases involving gay, lesbian, and transgendered plaintiffs, National Employment Lawyers Association - 2007 Eighteenth Annual Convention, NYC, June 28, 2007
  • Speaker, Litigating Sexual Orientation and Gender Identity Issues: Developments from Coast to Coast, Practicing Law Institute - LITIGATING EMPLOYMENT DISCRIMINATION AND SEXUAL HARASSMENT CLAIMS 2007, NYC, June 18, 2007
  • Speaker, Exemptions To Federal And State Wage And Hour Laws, Association of the Bar of the City of New York, NYC, June 13, 2007
  • Speaker, Mediating Wage and Hour Cases, American Conference Institute - 4th National Forum on Wage & Hour Claims & Class Actions, NYC, April 24, 2007
  • Speaker, Wage and Hour Overview, New York State Bar Association - Employment Law For the General Practitioner and Corporate Counselor (Program Chair), NYC, March 8, 2007
  • Speaker, Employment Law Essentials: What New York Practitioners Need To Know About Leaves Of Absence, Sexual Orientation Discrimination, Overtime, Retaliation & More?, Association of the Bar of the City of New York, NYC, October 18, 2006
  • Speaker, Wage and Hour Law: Answers to Everyday Questions, National Business Institute, Albany, NY Poughkeepsie, NY, September 26, 2006 - September 27, 2006
  • Speaker, Discovery in Class and Collective Action Wage and Hour Litigation, Non-Profit Employment Law Task Force - New York Legal Assistance Group, NYC, September 18, 2006
  • Speaker, Use of Technology in the Small Law Office, National Employment Lawyers Association - 2006 Seventeenth Annual Convention, San Francisco, CA, June 25, 2006
  • Speaker, Title VII Law - Recent Developments, Benjamin N. Cardozo School of Law - Spring 2006 Labor and Employment Law Seminar, NYC, March 21, 2006
  • Speaker, Expanding the Law: Claims Based on Sexual Stereotyping and Gender Non-Conformity, National Conference on Equal Opportunity Law; ABA Section of Labor and Employment Law, Equal Employment Opportunity Committee, La Jolla, CA, March 23, 2006
  • Speaker, Overtime Payment Violations: The Practicalities of Enforcement, Correcting Errors and Recordkeeping - Plenary Session, New York State Bar Association, Labor and Employment Law Section, Fall Meeting, Longboat Key, FL, March 22, 2006
  • Speaker, Conflicts of Interest Subcommittee Report, ABA Section of Labor & Employment Law - Ethics and Professional Responsibility Committee Midwinter Meeting, Puerto Vallarta, Mexico, March 18, 2006
  • Speaker, Ex Parte Communication Issues for Labor and Employment Counsel, ABA Section of Labor & Employment Law - Ethics and Professional Responsibility Committee Midwinter Meeting, Puerto Vallarta, Mexico, March 17, 2006
  • Speaker, Lesbian Gay Bisexual and Transgender Workplace Rights (Program Chair), American Constitution Society and National Employment Lawyers Association - NY, NYC, November 1, 2006
  • Speaker, Overtime Payment Violations: The Practicalities of Enforcement, Correcting Errors and Recordkeeping, New York State Bar Association, Labor and Employment Law Section, Fall Meeting, Longboat Key, FL, October 24, 2005
  • Speaker, Evaluation and Screening of Employment Cases, New York Legal Assistance Group, Employment Law Taskforce Training, NYC, October 18, 2005
  • Speaker, Employment Law in New York: What You Need to Know About Protected Classes, Leaves of Absence, Retaliation & More ..., Association of the Bar of the City of New York, Committee on Labor and Employment Law, NYC, September 15, 2005
  • Speaker, The Basics: Ethical Issues in Labor and Employment Law, ABA Section of Labor and Employment Law, Chicago, IL, August 6, 2005
  • Speaker, Ethics in Employment Litigation, New York State Bar Association, Labor and Employment Law Section, Rochester, NY, June 15, 2005
  • Speaker, Ethics in Employment Litigation Discovery, New York State Bar Association, Labor and Employment Law Section, NYC, June 10, 2005
  • Speaker, Litigating Wage & Hour Cases in New York, Association of the Bar of the City of New York, Committee on Labor and Employment Law, NYC, February 9, 2005
  • Speaker, Multiple Client Representation, New York State Bar Association Labor & Employment Law Section, NYC, January 28, 2005
  • Speaker, Ethical Issues in Mediation, ABA Section of Labor and Employment Law, Miami, FL, January 16, 2005
  • Speaker, Conflicts of Interest in Class Actions, ABA Section of Labor & Employment Law, Miami, FL, January 15, 2005

Honors and Awards

  • Super Lawyers
  • Best Lawyers

Professional Associations and Memberships

  • New York Bar
  • Illinois Bar
  • New York City Bar Association, Committee on Civil Rights, 2005 - 2008
  • New York City Bar Association, Committee on Labor and Employment Law, 2002 - 2005
  • National Employment Lawyers Association (NELA), New York Chapter, Member, Executive Board
  • NELA, Member, National Wage and Hour Committee
  • ABA, Section on Labor and Employment Law, Co-Chair, Ethics and Professional Responsibility Committee
  • ABA, Section on Labor and Employment Law, Member, Equal Employment Opportunity Committee
  • ACLU Women's Rights Project, Co-Counsel

Past Employment Positions

  • Goodman & Zuchlewski, LLP, New York, Associate
  • Stowell & Friedman, Ltd., Chicago, Associate

Pro Bono Activities

  • Co-Counsel, ACLU Women's Rights Project
  • Co-Counsel, The Legal Aid Society
  • Co-Counsel, South Brooklyn Legal Services
  • Co-Counsel, Manhattan Legal Services
  • Co-Counsel, New York Civil Liberties Union
  • Co-Counsel, Legal Momentum
  • Co-Counsel, NYLAG
  • Co-Counsel, Sylvia Rivera Law Project
  • Volunteer Attorney, MFY Legal Services, Legal Clinics
  • Lambda Legal Cooperating Attorney Network
  • Volunteer, First Defense Legal Aid
  • American Constitution Society
  • Americans United for Separation of Church and State
  • Best Lawyers | BEST | LAW FIRMS | U.S. News | 2016
  • LEGAL LEADERS | TOP RATED LAWYERS
  • BAR REGISTER | PREEMINENT | LAWYERS
  • Peer Review Rated | Outten & Golden LLP
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